The public phase of the controversial multi-billion rand arms probe is to be officially launched in the Pretoria High Court on Monday amid fears that evidence by witnesses might prejudice the actual investigation.

On Sunday, Nicolette Teichmann, spokesperson for Public Protector Selby Baqwa's office, said the hearings would be open and transparent.

"No names will be revealed to the public until the witnesses appear at the hearings.

"There's no merit in making the public aware before witnesses are called," said Teichmann.

But the three-agency investigating team in charge of the hearings - Auditor General Shauket Fakie, National Director of Public Prosecutions Bulelani Ngcuka and Baqwa - have come under fire for failing to say whether witnesses will be protected by the state once they have given information to the state.

Pan Africanist Congress (PAC) MP Patricia de Lille said on Sunday she would not attend the hearings if she was called to give evidence. "Lives are at stake. People could be killed for incriminating others involved in the arms deal," De Lille said.

The PAC has repeatedly said it had a document that suggested kickbacks had been involved in the drawn-out negotiations over the deal, estimated to be worth R50-billion. "My name was mentioned publicly when I was called to answer questions and I did not feel safe. If we don't know the rights of witnesses, the same thing might happen again." De Lille said it was not clear whether the hearings would enhance the work of investigators. "If people give evidence implicating others, would this not allow those involved to remove the evidence against them before the actual investigation?" she asked.

The hearings also came under fire from the Institute for Democracy in SA (Idasa) in an interim review document at the weekend. Idasa concluded that the stakes were high "given that the amount of money involved is extremely large".

On Sunday Idasa spokesman Richard Calland said the concern of witnesses over the threat of physical danger and of incriminating themselves at the hearings was justified. Calland said he was not convinced of the wisdom of revealing evidence that might compromise the investigation. "Can people refuse to answer questions on the basis that the answers may incriminate them?" he asked. According to Teichmann, witnesses would not be legally compelled to give evidence at the hearings and they would also have the right to legal representation.

Teichmann said it was not clear what would happen to people who refused to testify. "We'll have to cross that bridge when we get there."

The hearings - expected to run for two months - have been conceived by the Joint Investigating Team, which aims to restore public faith in the arms probe process.

"A joint report will be drafted by the three agencies investigating the arms deal. The report will then be submitted to parliament to decide on the process," said Teichmann.  

With acknowledgment to Malcolm Ray and Independent Online.